Fintech and Digital Assets Advisory

Overview

Astraea’s fintech and digital assets practice is led by James Ramsden KC, a recognised leading authority in this field.

With a proven track record in groundbreaking cases, we provide multidisciplinary expertise and advise on regulation, undertake digital asset investigations and handle complex cryptocurrency and digital asset disputes, including cross-border asset tracing and enforcement.

Astraea’s lawyers are leaders in this rapidly evolving field, having represented clients in sector-defining cases, such as Tulip Trading Ltd v Bitcoin Association for BSV & Others. Astraea’s lawyers obtained the first UK freezing order over digital currency assets and were involved in the case in which these assets were established as property, rather than a “chose in action”, which has set a legal precedent for the sector.

With this solid litigation experience, Astraea designs outcome-focused, commercial strategies for parties in these types of matters, prioritising efficiency and prospects for enforcement.

Astraea’s multidisciplinary practice enhances this approach. Our investigations team trace and locate targets, identify assets and provide actionable insights.

Astraea is well placed to advise on the emerging regulatory and compliance environment more generally and is frequently engaged by new and existing market players. Members of our team are frequently called upon as commentators on the topic at conferences and in the media.

Focus Areas

Regulatory Compliance

We advise fintech companies on navigating the complex regulatory landscape, including compliance with the Financial Conduct Authority (FCA) regulations, anti-money laundering (AML) laws, and other financial services regulations.  This area includes guidance on obtaining necessary licenses, meeting ongoing compliance obligations, and responding to regulatory changes.

Data Protection and Cybersecurity

Fintech companies handle large volumes of sensitive customer data, making data protection and cybersecurity critical areas of legal advice.  We help clients comply with the General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, and other data protection laws.  We can also advise on cybersecurity best practices, incident response, and managing the legal implications of data breaches.

Cross-Border Transactions & Jurisdictional Issues

Fintech companies often operate across multiple jurisdictions, raising complex legal issues regarding cross-border transactions and the application of laws from different countries.  We advise on the regulatory requirements for operating in multiple markets, structuring cross-border deals, and managing legal risks associated with international operations.

Blockchain and Cryptocurrency

We provide advice on the legal aspects of blockchain technology and cryptocurrency.  This includes advising on the creation, issuance, and trading of digital assets such as cryptocurrencies and tokens, as well as addressing regulatory issues related to Initial Coin Offerings (ICOs), Security Token Offerings (STOs), and other blockchain-based financial products.

Smart Contracts & Legal Automation

As fintech companies increasingly use smart contracts – self-executing contracts with the terms of the agreement directly written into code, we advise on the legal enforceability of these contracts, potential risks, and how to integrate them within existing legal frameworks.

Representative Experience

Leading Crypto Litigation

Acting for twelve of the fourteen defendants in the seminal crypto case of Tulip Trading Ltd v Bitcoin Association for BSV at both first instance and the Court of Appeal. Acted for Binance, Cryptopia and Himalaya Exchange.

Market Leading Regulatory Advice

Advising on DeFI and Digital Assets regulation in Gibraltar, Belize and Sri Lanka.

De-Fi Market First

Advising on the first and so far only successful sale of high value UK real estate for Bitcoin.

Related Articles